PROPOSED OCCUPATION OF YUCATAN. 



SPEECH 



HON. JOHN A. DIX, OF NEW YORK, 

IN THE SENATE OF THE UNITED STATES, MAY 17, 1848. 
O71 the Bill t& enable the Presideiii of the United States to take temporary military 



occupation of Yucatan, 



y 



Mr. DIX said: 

Mr. President: I said yesterday, when I of- 
fered th« amendment which you have just an- 
nounced as the question first to be decided by the 
■Senate, I should be quite willing that the vote 
should be taken upon it without discussion; but 
that if the debate proceeded, I should have some' 
thing to say in support of my motion, I find' the 
whole subject is to be further discussed; and so 
many inquiries have been addressed to me, by 
members of this body, in relation to the particular 
object of the amendment, that I feel myself called 
■onto explain it. I shall, at the same time, avail 
myself of the opportunity to make some remarks 
upon the general question. In doing so, I feel 
that I shall labor under some disadvantage, as I 
was not present during the first week of the dis- 
cussion, and have not had time since to read the 
printed report; so that it is possible I may, in the 
remarks I shall make, cover ground which has 
already been better occupied by others. 

The question presented to us by the bill we are 
con-sidering is not in itself a very simple one; and 
it appears to me that it has been converted, per- 
haps not unnecessarily, into one of still greater 
complexity. I shall endeavor, in what I have to 
say, to divest it of some, at least, of its complica- 
tions. 

The State of Yucatan is distracted by an inter- 
nal conflict between the different classes of which 
her population consists. She has applied to us 
and to other nations for aid; and she tenders her 
political sovereignty to any Power which will take 
her under its protection. Sir, there can be no 
higher evidence of the hopelessness of the condi- 
tion to which she is reduced, and I recollect no 
other instance, in modern, times, at least, in which 
a State has offered to surrender its nationality to a 
foreign Power, for the purpose of being protected 
against itself. The President has called our atten- 
tion to the subject in a special message; and I 
think he would have been indefensible if he had 
not done so. He submits no proposition to us, 
but leaves -it to the judgment of Congress to deter- 
mine what measures shall be adopted to prevent 
Yucatan from becoming the colony of a European 
Power, and to rescue the white race from extermi- 
nation or expulsion. The Committee on Foreign 

Frinted at the Congressional Globe Office. 



Relations, in pursuance of the suggestion of the 
President, has reported a bill authorizing him to 
take temporary possession or occupation of the 
country, and providing arms, munitions of war, 
ordnance, and troops for that purpose. 

The first suggestion which occurs to us is, that 
this is an internal dispute, in which, under ordi- 
nary circumstances, we could not prope'rly take 
part. We insist on the principle of non-interven- 
tion in the affairsof other independent States. We 
hold every violation of this principle to be an 
offence against the common order and the common 
tranquillity of civilized society. We insist upon 
its observance by other nations. Our first duty, 
then, is to observe it ourselves. 

Is there anything in the peculiar relations of 
Yucatan to the United States and to Mexico which 
would authorize us to interpose and perform a 
high duty of humanity, without violating the rule 
I have stated ? Upon the solution of this qijestion, 
the propriety of our interference mainly depends.. 
In my judgment, from the examination which I 
have been able to give to the subject, the circum- , 
stances do warrant our interference in some effi- 
cient mode; and I shall be happy if I can succeed 
in making this conviction as apparent to the mind 
of the Senate as it is to my own. In attempting 
to do so, it will be necessary to examine the rela- 
tions, past and present, of Yucatan to Mexico, 
and the existing relations of both to us. 

Yucatan, I believe, was never comprehended in 
the viceroyalty of Mexico, under the old Spanish 
dominion — at all events, excepting for purposes of 
revenue. She was under a separate government, 
or captain-generalcy, and communicated directly 
with the court of Madrid. In 1821, she succeeded 
in establishing her independence without the aid of 
Mexico; and when the empire was formed under 
Iturbide, she became united to it under certain con- 
ditions. On the fall of Iturbide, and the dissolu- 
tion of the empire, she again became independent. 
When the constitution of 1824 was adopted by the 
United Mexican States, she became a member of 
the Confederation, with the distinct declaration that 
her connection with it should continue only so long 
as that constitution was preserved inviolate. In 
1834, when the constitution of 1824 was subverted 
by Santa Ana, she became independent a third 



/■^ 



time. But an nrmy was sent against her by Santa 
Ana, I believe, under the command of his brother- 
in-law; Merida, the capital, was taken; her militia 
disbanded; some of her principal citizens banished: 
and she was, in fact, reduced to the condition of a 
military despotism under the authority of llie Cen- 
tral Government of Mexico. The same attempt 
•was made on Texas, who was happily more suc- 
cessful than her southern sister in repeiline; it. 

This stale of tilings continued until 1840, when 
Yucatan threw off her subjection, proclaimed her 
constitution, and was on the point of declaring her 
independence, when a negotiation was entered into 
■with Mexico, whicli resulted, in 1841, in a treaty, 
leaving her a part of Mexico, but with certain sep- 
arate powers in respect to her constitution and laws, 
and, i believe, especially in regard to her revenue, 
which was left independent of the general revenue 
system of the Republic. This treaty, though ex- 
ecuted by commissioners on both sides, and agreed 
to by Yucatan, was never ratified l)y Mexico; and 
in 1842 another army was sent into Yucatan: Meri- 1 
da was again invested, Campeachy was bombarded | 
for several months; but, in the follo\ving year, \ 
the Mexican forces were defeated or withdrawn; 
and, at the close of 184.3, she became again united 
to Mexico, with some reservations of severeigntj' 
beyond those possessed by the other Mexican 
States. In consequence of the bad faith of the 
Mexican Government, and the differences that 
were constantly springing up between them, she 
declared, on the first of January, 1846, the connec- 
tion dissolved; and in March of that year, when 
war between the United Stales and Mexico was 
considered iinminent, she refused to furnish men 
and mone)' on the requisition of the Central Gov- 
ernnrent. In August, 1846, about two months after 
the commencement of the war, an extraordinary 
Congress was convoked in Yucatan, chiefly through 
• the influence of th6 friends of Santa Ana, who 
was then in Cuba, and by a majority of one vote 
he was declared to be the President of Mexico. 
This decree, however, was soon after annulled, and 
the (leclaration of the first of January, 1846, was 
revived and ratified with the popular sanction. 
From the commencement of the war, therefore, ex- 
cept for the very brief period I have mentioned, Yu- 
catan has maintained an attitudeof strict neutrality. 
Notwithstanding these repeated changes, I doubt 
whether the severance of the political relation of 
Yucatan v. ith Mexico can be considered complete. 
Her withdrawal from the Union has never been 
sanctioned by Mexico; nor is it quite apparent that 
her fiosilion, past or present, carries with it the 
attributes of an effective and an unqualified inde- 
pendence. In a qualified sense, indeed, she may 
be said to have been independent; but we have 
constantly treated her as a part of the Mexican 
RepulMic, though abstaining from acts of hostility 
against her on account of her refusal to take part 
in the war against us. She coinplains that, while 
not considering her as an enemy, we have, never- 
theless, not treated her as a friend or a neutral. 
"We have occupied the port of Laguna, in the Island 
of Carmen — one of the islands which nearly shuts 
out Lake Terminos from the southern portion of 
the Gulf of Mexico. The ground of this occupa- 
tion, on our part, was, that a trade in contraband 
was carried on between that port and Tabasco, 
which was hostile to us, and which bonders on 
Lake Terminos. '' 



Such, then, is the political condition of Yucatan, 
an integral portion of Mexico, having no active 
participation in the war against us, and maintain- 
ing, for the most part, a strict neutrality^ The 
peculiar relation in which Yucatan stands to Mex- 
ico, and to us, undoubtedly complicates the ques- 
tion of our interference in her domestic affairs. 
We have entered into a treaty with Mexico; and 
although we are not permitted here to speak defi- 
nitely with regard to its stipulations, enough haa 
been made public in a legitimate way, to show 
that we are precluded from undertaking any hos- 
tile enterprise against any portion of the Mexican 
territory or people. An armistice lias been agreed 
on, and is now in force, preparatory to the evacu- 
ation of the country, in case the treaty is ratified. 
These facts have become matters of public noto- 
riety, not through the action of this body, but 
through the acts of the two Governments, legiti- 
mately performed in execution of the preliminary 
articles of agreement. Under these circumstances, 
it appears to me that the military occupation pro- 
posed by the bill, even though temporary, maybe 
considered incompatible with a strict construction 
of the treaty. As I have already said, we have 
constantly treated Yucatan as a part of Mexico. 
The President so (Considers her in his special mes- 
sage calling our attention to the subject. This 
being conceded, the stipulations of the treaty are 
as applicable to her as to any other department or 
Stale of the Mexican Republic. We can only do 
in respect to her what we may do in respect to 
.Jalisco, Tabasco, or any otlier of the Mexican 
States. Military occupation, in its commonly- 
received sense, implies, if carried out, a displace- 
inent or subversion of the existing Government. 
It would be no defence to say that Yucatan volun- 
tarily submits to our power. Should we be au- 
thorized, this treaty being in force, to occupy, by 
military force, the State of Tabasco, for instance, 
if the local government were willing to submit to 
us.' No, sir. I apprehend that the sanction of 
the Central Government would be necessary to 
warrant it. In like manner, Yucatan, being a part 
of Mexico, it appears to me that the military oc- 
cupation of that State by us would require the 
sanction of the Central Government. This rigid 
construction of the treaty may seem technical and 
over-scrupulous. Perhaps it is so. Bui in all 
matters involving the inviolability of international 
engagements, the strictest performance of stipula- 
tions is not only the part of prudence, but of im- 
perative duty. We should afford no pretence for 
imputing to us an act of bad faiih. Now, it is 
only to the form of the interposition — to military 
occupation and its incidents — that I object. And 
1 trust my friend from Indiana, the chairman of 
the Committee on Foreign Relations, [Mr. H.4.N- 
NEGAN,] will not adhere to the first section of the 
bill with tenacity, if he shall be satisfied that there 
is any other form of iiUervention which is unob- 
jectionable, and which will, at the same time, ac- 
complish ihe same end — which will avoid all 
pretext for the imputation of violating the treaty, 
and yet enable us to effect every legitimate object 
of the interposition. And here 1 desire to say, 
that I approve of the second and third sections of 
the bill, providing arms, munitions of war, and 
troops, to put an end to the war of devastation iri 
Yucatan. I know nothing more revolting in the 
history of modern times, than the exterminating 



. A^^" 



^^ 



warfare carried on by the aboriginal against the 

5:: European races. Neitijer age nor sex, nor even 

^^.' the sanctity of religion, is respected. The infant 

<5v4s slaughtered at the mother's breast; the priest is 

N3 immolated at the altar. It is not legitimate war- 

, \iare; it is cold-blooded, atrocious murder. 

'' So far as we are permitted, by international ob- 

j*" ligations and by constitutional forms of political 

organization at home, I am disposed to interfere 

for the purpose of putting an end to transactions 

so repugnant to every dictate of humanity, and 

every principle of civilization. I am willing to 

vote for tiie second and third sections of the bill. 

For the first section, I have proposed a substitute, 

which I will no'.v read: 

Strike out all the first section after the enacting 
clause, and insert the following: 

" Tiiat the President of the United States be authorized 
to employ the army and navy of the United States to aid in 
putting an end to the war of devastation in Yucatan, pro- 
vided the aid hereby authorized be rendered in concurrence 
with the Govei iiment of that State." 

The difference between the original section and 
the substitute is this: the former authorizes the 
President to take military occupation or posses- 
sion of Yucatan; the substitute authorizes him to 
employ the army and navy to assist the Govern- 
ment of Yucatan in putting an end to the unnatu-. 
ral warfare carried on within that State. In the 
first case, the Government would be virtually su- 
perseded; in the second, we should act in conjunc- 
tion with it. And, sir, if we should decide to act, 
I should entertain a strong hope that our interpo- 
sition might be speedily effectual. With the moral 
power of our victories in IVIexico, a discreet offi- 
cer going there, as much in the capacity of a paci- 
ficator as a combatant, might, aided by a small 
force, be able to restore harmony and peace be- 
tween the contending parties. 

But for the treaty with Mexico and the armis- 
tice entered into with a view to its execution, I 
think the President would be fully authorized, in 
the conduct of the war, to do all that is proposed 
by the bill. It is the peculiar relation in which 
we stand to Mexico, of which Yucatan is a part, 
which presents, in my judgment, an impediment 
to military occupation. As it is, the treaty being 
in force, I think if we had troops to spare in Mex- 
ico, they might be sent into Yucatan by the Presi- 
dent, to aid the Government in bringing about a 
termination of hostilities. If the Indians should 
attack the Mexican settlements in Coahuilaor Du- 
rango, or any other portion of the Republic, does 
any" one doubt that we might detach a portion of 
our troops in Mexico to aid those settlements in 
defending themselves, without violating the armis- 
tice or the treaty? It would be an act of friend- 
ship and of mercy, not an act of hostility; and it 
is only against offensive operations that the treaty 
and the armistice are intended to guard. The 
honorable Senator from Mississippi [Mr. Davis] 
suggests that the terms of the armistice require 
that we should interpose, whenever a necessity 
arises, to protect any part of the Mexican Repub- 
lic from the incursions or attacks of the Indians; 
that we have so interposed; and he considers it to 
be applicable to this case. Under this view of the 
subject, the interposition of Congress is required, 
rather with a view to provide the President with 
the means than to confer upon him the authority 
to act. But in placing the army and navy at his 
disposal, for a special purpose by law, it seems 



proper to define the conditions under which they 
shall be employed. This is done by the substi- 
tute, which declares that he shall act with the con- 
currence of the Government of Yucatan. Thus 
all pretence of violating the treaty or the armistice 
will be obviated. 

Is there any violation of international obliga- 
tions, so far as they depend on principles of public 
law, in extending to Yucatan the required assist- 
ance? I think not. We are already in the occu- 
pation of a portion of Yucatan. Our fleet has for 
a long time been in possession of Laguna, and thu3 
commanded a large portion of the coast. We have 
exercised not only military but political authority 
there, holding stations, imposing duties, and col- 
lecting revenue. Indeed, Yucatan complains that 
by tyis very assumption or exercise of authority 
we have deprived her of her revenues, and dimin- 
ished her ability to provide against the exigencies 
in which she is placed. This is one of the grounds 
on which s'he appeals to us for succour. She asks 
us to give back to her in one way the means we 
have taken from her in another. In this view of 
the subject, it is as much redress as aid which she 
seeks. 

Sir, I think there is some truth in what she says. 
But whether that be so or not, the very fact that we 
are in the occupation of a portion of Yucatan takes 
the whole case out of the ordinary rule of non- 
intervention. We occupy one of her seaports un- 
der the laws of war. To aid the existing Govern- 
ment under such circumstances, in subordination 
to its own wishes, in restoring tranquillity and 
putting an end to domestic dissensions, cannot be 
deemed a violation of the rule that one nation shall 
not interfere in the domestic concerns of another. 
Indeed, but for the treaty we might interfere with- 
out the consent of the Government, having already 
partial occupation. It is only the obligations 
arising under it that make such consent necessary 
at all. 

If we were at peace with Mexico and Yucatan, 
I confess I should very mucTi doubt whether we 
could, on any consideration of humanity, interpose 
between parties engaged in intestine conflict with 
each other, however strong our inclination might 
be. I will not say that there are not obligations 
of duty to our fellow-men, which rise above all the 
restraints of political organization and government. 
But it must -be a very extreme case, which can 
authorize us, even from motives of humanity, to 
exercise powers not expressly coijferred by the 
Constitution and laws, by which we are governed. 
Nothing, perhaps, short of an exigency threaten- 
ing to uproot the very foundations of civilized soci- 
ety, orconcerningourovvn self-preservation, would 
warrant any other than a strictly constitutional ex- 
ercise of power. But I see no such embarrassment 
in this case. Under the laws of war — by virtue 
of the occupation of one portion of Yucatan — it ap- 
pears to me that we may perform, in respect to 
any other portion, every obligation which humanity 
dictates and enjoins. I have no hesitation, ther.e- 
fore,so farSs the right of interposition is concerned, 
to vote for the second and third sections of the bill, 
and I am willing to vote for the first section so 
amended, as to make our interposition subordinate 
to the Government of Yucatan, to make it an act 
of friendship to her, without being an act of hostil- 
ity to Mexico, 
Mr. President, in discussing the bill providing 



for the satisfaciion of certnin claims in California, I 
stated that the Indians in Yucatan were abundantly 
supplied with arms; and that some of these artns 
were of British manufacture. I did not intend to 
intimate that they were furnished by the Govern- 
ment of Great Britain, or by agents acting under 
her direction or authority. I supposed then, as I 
suppose now, that they were, for the most part, 
procured from British traders at Balize, in the way 
of exchange; and I have been confirmed in that 
belief by an article in a British newspaper pub- 
lished at Kingston, Jamaica, stating that an ex- 
terininating war was carried on by the Indians in 
Yucatan, by means of arms procured from British 
traders, and condemning the latter for engaging in 
a traffic which was the source of so much wanton 
violence and inhumanity. 

By another article taken from the same paper, it 
appears that a commissioner has been sent from 
Yucatan to Balize to invoke the observance of 
treaty stipulations by Great Britain, in respect to 
the sale of arms and ammunition to the Indians. I 
will read it to the Senate: 

"The Indians had l)epn vviiging a destnictive war with 
the white inliabitants of the Slate" of Yucatan, and had de- 
stroyed tlie lajfie villages of Ajnineo and Yclmiul, and pos- 
sessed themselves of almost all the towns to the eastward of 
Peto and Vallndolid. A commissioner lias arrived at Balize, 
Honduras, from Yucatan, to prevent, if possible, the sale of 
arms or warlike stores to the Indians." 

This traffic has been carried on in violation of an 
ancient treaty with Spain; and not very ancient 
either. By the treaty of London, 1786, it was ex- 
pressly stipulated by Great Britain that she would 
strictly prohibit all her 

"Subjects from furnishing arms or warlike stores to the 
Indians in general situated upon the frontiers of the Spanish 
possessions." 

Mr. Sierra, in one of his notes to Mr. Buchanan, 
states that the British authorities at Balize have 
consented to prohibit the sale of arms and ammu- 
nition to the Indians, though he expresses a doubt 
whether the assurance will be observed in good 
faith. I should have inferred, from the assurance 
thus given, that the obligations of the treaty re- 
ferred to were recognized as of binding force, though 
the pledge might have been given from motives of 
humanity. 

But I find by an article in the Times, a newspa- 
per published at Balize, that the British authorities 
have refused to recognize the obligation of the 
treaty of 1786. I will read an extract from it, that 
what I say may not be misunderstood: 

" We understand that Mr. Teoii has been appointed by the 
Government of Yucatan, on special mission to Her Majesty's 
Wiperintendent, to claim for his Government the benefit of 
the treaty of 1786, entered into between their Majesties, the 
kings of (ireat Britran and Spain. In that treaty tliere is a 
clause which would appear to bear directly on the existing 
state of afiairs in Yucatan. It is to the following effect." 

Here follows the stipulation which I have quoted. 
The Times then continues: 

"We are unable to communicate the grounds on which 
we learn that her Majesty's superintendent has declined to 
admit the present applicability of the treaty. • It must bo, 
however, known to all,thatnoneof the neighboring Spanish 
repulili"s can be properly said to have inheri^d the rights 
which the Spanish Crown possessed in this parrof the world. 
As aqueslion of humanity, however, it is much to bi^ desired 
thatall the camion which can be exercised by our merchants, 
should be exercised to prevent powdf-r or arms being sold to ' 
the Indians; and even as a matterof mercantile speculation, 
we think that if will even usuilly be of more importance to 
our trade with Yucatan, to aid in reestablishing order in that 
province, by refusing to supply the Indians. We subjoin 
some further remarks, which we have received on this sub- 
ject." 



These remarks are in the nature of a strong ap- 
peal to the humanity of the merchants. It does 
not appear by this article wli»tt effort the British 
authorities at Balize have made, if any, to prevent 
the sale of arms and ammunition to the Indians. 
But it docs ajipear, that they deny the obligation 
of the treaty of 1786. And, certainly, the inference 
is, that they have not interposed from motives of 
humanity, and prohibited the traffic; for, if they 
had, this appeal by a newspaper to the humanity 
of the merchants, would have been superfluous. 

Mr. President, it would be a very harsh judg- 
ment to suppose that the British authorities at 
Balize had encouraged this traffic for the purpose 
of expelling the Spanish race, and thus facilitating- 
the extension of the dominion of their own sover- 
eign. Even if it were for the interest of Great 
Britain to do so, such a supposition shonld uot be 
made without the strongest evidence. But, sir, I 
do not think it unreasonable or harsh to suppose- 
this contest is encouraged by British traders, who 
have pecuniary interests there, and whose gain& 
might be increased by the expulsion of the Spanish 
race; for, in that event, the whole peninsula would 
fall under the dominion of the Indians. British 
subjects would more readily gain a foothold there: 
having once gained it, they would be protected by 
their Government; and it would not be surprising 
to see the protection of Great Britain extended 
over the Indian population. It appears to me that 
we cannot doubt such a probability without wilfully 
closing our eyes against light. This process of 
extension is in progress at the very moment when 
we are discussing and doubting it. Let me state 
a few facts in reference to the settlement at Balize, 
to which I have already referred. It was first 
recognized specifically as a British settlement by 
the treaty of Versailles in 1783, though there is a pro- 
vision in the tripartite treaty of 1763, (that which 
terminated the old French war here,) recognizing 
the right of Great Britian to occupation in that 
quarter generally. But the treaty of 1783 is the 
firstin which the settlement is distinctly recognized. 
The right of occupation was given for a specific 
purpose. It gave only the right to cut logwood, 
build houses and magazines for the convenience of 
the workmen and their families, and to enjoy a free 
fishery for their subsistence on the coast. Great 
Britain expressly stipulated to demolish all fortifi- 
cations, if there were any, and to erect no more. 
The sovereignty of Spain was distinctly reserved. 
The limits of the territory, in which these advan- 
tages were to be enjoyed, were carefully defined. 
I have traced them on the map, and I find they did 
not exceed an area of two thousand square miles, 
if the rivers Hondo and Balize, the northern and 
southern boundaries, are accurately laid down. By 
the treaty of 1786 they were extended south to the 
river Sibun, making, at tlie utmost, an area of four 
or five thousand square miles. According to Ar- 
rovi'smith's London Atlas, published in 1840, that 
settlement has an area of fourteen thousand square 
miles — three times its orisinal extent. Nor is (his 
all. By the Encyclopcedia Britannica, and Mar- 
tin's British Colonies, it is claimed to have an area 
of more than 62,000 square miles— a surface ex- 
ceeding that of the entire peninsula of Yucatan. 
In what direction it is proposed to extend the 
settlement, in order to comprehend these sixty or 
seventy thousand square miles of surface, does not 
appear. It is left in doubt by the respectable au- 



5 



thorities I have named, under the most ungeo- 
graphical declaration that " the inland boundaries 
are ill defined," though they were most criti6ally 
defined by the treaties of 1783 and 1786. With 
this shadowy boundary, which leaves everything 
'Undetermined, excepting on the side of the Bay of 
Honduras, the sea, where nature has drawn a line, 
which man cannot make uncertain, it may be de- 
fined hereafter according to circumstances. They 
may be extended north into Yucatan, southwest 
into Guatemala, or southeast into Honduras, and 
in the latter case form a junction with the territories 
of the Mosquito King. 

And, by the way, the name of this newly cre- 
ated sovereign reminds me that there are some 
indications of extension further south, which are 
not very easily discredited. By the treaty of Ver- 
sailles, Great Britain stipulated that her subjects 
should abandon all other portions of the Spanish 
continent, and retire within the limits of the set- 
tlement at Balize. By the treaty of London, she 
stipulated to evacuate the country of the Mos- 
quitos eo nomine as well as the continent in general, 
and the islands adjacent, without exception. I 
believe she did evacuate them, and lam not aware 
that she has occupied the country of the Mos- 
quitos again in her own name. But she has done 
what is equivalent to occupation ; she has taken 
the King of the Mosquitos under her protection; 
she has assumed to define the limits of his domin- 
ions; she has given notice to the Central and South 
American Governments, that they are not to inter- 
fere with those limits; she has sent ships to the 
coast, and troops into the interior, maintaining the 
former there under the name of the Mosquito 
navy. She is encroaching on the Central Ameri- 
can States, attacking forts, appropriating territory, 
and making war on the people. It is only about 
a month ago, that we learned she had attacked and 
taken possession of the town of Nicaragua, and 
killed some seventy or eighty of the Central Amer- 
icans. She has recently sent black troops there, 
not only from Jamaica, but from New Providence, 
on the confines of Florida, to maintain the author- 
ity of the Mosquito King, the chief of a band of 
naked Indians, himself scarcely more elevated on 
the social scale than his followers. His throne a 
sand-hill, his sceptre a reed, his robe a blanket, he 
puts armies and fleets in motion, speaks to the 
nations through the mouths of British diplomatists, 
and invades the territories of neighboring States 
by sea and land, with 

" royal banner, and all quality. 

Pride, pomp, and circumstance ofglorious war." 

I do not hesitate to say, that so broad a farce as 
this has never been enacted with so much gravity 
by a respectable State. It would be a farce under 
all its aspects, were it not for the encroachments 
upon the Central American States, of which it is 
the source. To them it is a matter of the most 
serious import, and it has met their solemn and 
repeated protests. 

About three months ago I stated, in some re- 
marks on a military bill before the Senate, that 
Great Britain has recently set up a claim to San 
Juan de Nicaragua, and I prophesied at that time, 
from the indications I saw, that she would, at no 
distant period , take forcible possession of that place. 
She has done so already. The prophecy has be- 
come history, written, like many other transac- 
tions of the same nature, in letters of blood. I also 



stated, that one of the great objects of this exten- 
sion was, to command a route for a ship canal 
across the continent, narrowed there to an isthmus. 
This route has been critically surveyed and exam- 
ined from the Caribbean Sea, up the river San 
Juan, to Lake Nicaragua, from Lake Nicaragua 
to Lake Leon, and from Lake Leon to Realejo on 
the; Pacific. Surveys, drawings, maps, plans, dia- 
grams, estimates — everything that pei'tains to and 
precedes the construction of public works — have 
been carefully prepared. I believe these evidences 
and achievements of a high intellectual and social 
civilization, are not pretended to be the work of the 
Mosquito King; but it would not be surprising if 
her claim to execute this great enterprise of uniting 
the two oceans, should be asserted in his name — 
certainly not more surprising than some other 
things which have been recently done under the 
same auspices. 

The river San Juan de Nicaragua is one degree 
south of the southern limit of the Mosquito terri- 
tory. According to British maps, that territory 
extends only to the 12th degree of north latitude. 
The river empties into the Caribbean Sea at the 
11th parallel. But it has recently been claimed that 
it extends to the 11th, with an intimation, as I un- 
derstand, that it hiay possibly extend to the 10th, 
or even the 9th, which would include a part of 
Panama. 

Before I quit this part of the subject, I will read 
to the Senate an extract from the Despatch , another 
British newspaper, published atKingston, Jamaica, 
reciting the grounds on which this claim rests: 

"The differences between the Government of Central 
America and the King of Mosfjuito, are now of some years 
standing. The former Kepul)lic has never acknowledged 
the sovereignty claimed by King George over any portion 
of the territory called Mosrjuito, and on numerous occa- 
sions the mahogany cutters ena;ageri with the Mosquito 
Government, for which they paid a toll up the river Roman, 
have been disturbed, and driven off by the Central Ameri- 
cans. These aggressions led to communications between the 
council of Mosquito and Downing Street, and resulted, if we 
were rightly informed, in tHrections from the Foreign Office, 
that the boundaries of the Mosquito territory should be 
traced according to the best existing authorities, document- 
ary, or otherwise, and, these being defiaed, England bound 
herself to support the integrity of the King's dominions. The 
result of this survey was to attach the whole of the river San 
Juan to the dominions of Mosquito, and the flag of King 
George was consequently, shortly afterwards, formally hoist- 
ed at the fort of San Juan." 

Such, according to this authority, is the claim of 
Great Britain to the Mosquito territory, which she 
expressly stipulated by treaty to evacuate — a claim 
resting upon an arrangement with the Mosquito 
Government which has never been recognized by 
the Central Americans as an independent State — a 
Government, in fact, alleged to have been estab- 
lished, or rather got up in its present form by 
Great Britain herself; and it would seem from this 
statement, which is sustained by other evidence 
corroborating it, that she examines documents ex 
parte, traces boundaries, settles them without con- 
sultation with those whom they vitally concern, 
binds herself to support them, and acts according- 
ly. A more' summary execution of the law of 
force cannot readily be found.* 



* It is due to fairness, inasmuch as some of the arguments 
co.itained irf the text are drawn from constructions put upon 
ti-eaties and other public records by the Central and South 
American States, to exhibit the grounds on which Great 
Britain rests her claim to the authority she is exercising in 
the country of the Mosquitos. They are as follows : 

1st. " Sometime after the conquest of Jamaica by the 



6 



Since the nieelin°; of the Senate this morning:, I 
have received a copy of a notice from tlie British 
Consul General in Central America, addressed to 
the Principal Secretary of the Supreme Govern- 
ment of Nicaragua, in September last. It is trans- 
lated from ilie English into Spanish. I have only 
had time to look at it so as to see its purport; but 
I will rnd it now to tlie Senate, translating it back 
into English: 

British Consulate Gknkral. 

Guatemala, IMt Scj^tember, 18-17. 
To the Principal SeLrctaryoJ'llie fiupvcmu 

Government of the Slate of Nicarasmn: 
' Sir: Qiie-tioiis liaviiig ati*en at various pt rioils, with the 
Stales of Honduras and Nicaragua, eOiiCHrniiig tlie exten- 
sion of the iiiiiritiriie frontier of the kiii;idoiii ot' Mo.^quito, 
Her Britannic .Majesty's Goveinmimt, aftL-r carefully e.vam- 
iiiing the variiiu.- d.icujiients and hi»iorical reji.^ters which 
exist relative t > the sulijtct, is of the opinion tliat the terri- 
torial ri,'hto! the Kin;; of the Mosquuos should be maintained 
as e.xtiiidiii',' fiiiMi Cape Honduras to tlie inouth of the river 
♦ San Juan, a jd I am char;,'ed to notify the Supreme Govern- 
ments oi' the States of Honduras and Niearaijua, as I have 
now the honor of doing, that the Government of her Brit- 
annic M.ijeity cousideis that the King of M. isquito has a rigiit 
to this r.vtent of coast, viitlijut prejudice tj Iheright ivldchlhe 
said l<in^ may li.ive to any territory south of tlic river Sun 
Juan; and that lierBritaniiic .Majesty's Government cannoi 
see with iiidifterence any attempt to usufp the territoiial 



expedition sent furlh by Ohver Cromwell, in 16.55, the Mos- 
quito King, with the concurrence of his chiefs and people, 
placed themselves uiiddr the protection of Cliarles the Sec- 
ond; anil the Governor of Jamaica, in the name of his sov- 
ereign, accepted this union, and promised them tlie royal 
protection." 

2d. In 1749, a fort was erected by a British force from 
Jamaica, and the royal flag was hoisted, " thus inaUing a 
formal publie.ition to all the world, and to the Crown of 
Spain, that the independent country of the coast was under 
the direct soverei^'iity and protection of Great Britain." 

3d. "From this tiine until tfie conclusion of the war of 
1753, the Mosq;iito shore continued lobe a military, federal, 
protected province of Great Britain." 

4th. In 1765, a council of government was appointed, a 
court of common pleas, &c. 

5th. The .ilo.-iquito nation was never suhju£!atcd by Spain, 
but always retained its independent character; and "the 
Musquito ti;rritory is still an independent country, and 
one over which Spain never had the least control or occu- 
pation." 

,6th. "None of the anarchical States of Central America 
have any riglil by occupation, or by recognition, to the Mos- 
quito country."" 

7ih. " It is clearly shown in the works of writers w-ell ac- 
quainted with the Musquito shore, such as Danipier, Fal- 
coner, Trobisher, Bryan Edwards, Hodgson, and others, that 
the tribes under the Mosqui o Kings have been independent 
ever since the downfall of Montezuma, and have luid a rec- 
ognized territory appertaining to themselves, and governed 
by laws adminislered by their own hereditary kings." 

These are, in brief, the grounds of the British claim to the 
protection sne is e.i£ercising over the Mosquito territory, and 
more especially "of the proceedings of tlie British naval 
forces at St. John's on the Mosquito coast," and they are 
stated in hi r own language. The quotations above luaile 
are chiefly from M.icgregor's Pi-ogress of America, 739 et seq. 

It is unnecessary to add that some of the material facts are 
contradicted by the States of Central America. 

In respect to the town and riverof San Juan de Nicaragua, 
Great Bri ta in contends that the Government of Central Amer 
ica firsi si'ut a force down to San Juan, and established a 
custom-house on the north side of the river, which the Span- 
iards had never before occupied, in 1833 ; that it was done 
without the consent of the King of the Mosquito coast, who 
had previously gi anted the territory, where i t was establislied, 
to a British su )ject; that the Central American flag did not 
appear there till IciW; and that the " adminisirador," or col- 
lector of customs, on the a, plication of a British oriicer,gave 
a wiitten acknowledgment that he had hoisted the flag by 
courtesy, and not as of right, and that the port was ciai'med 
by the King of Mosquito. 

She also states, that the .Mosquito authorities have remon- 
strated -agaiiisi the occupation, and that these remonstrances 
having failed, hir naval forces have been sent to aid them in 
taking possession of the place. 



rights of the King of Mosquito, wlio is under the protection 
of the Bri'ish Crown. 

I have the honor to be, sir, your obedient servant, 
FREDJiRICK CHATFIELD. 
Copy: Department of Foreiiin llelations of the Superior 
Government of the State of Nicaragua. ManL'ua, October 
14, 1847. SALINAS. 

It will be seen by this notice, that Great Britain 
lays the foundation for a claim ^n behalf of the 
iVlosquilo King, to territory south of the river San 
Juan, leaving the boundary undefined. This note 
bears date the lOih of September last. And it is a 
curious fact, that in an official note, bearing date the 
24th of the same month, addressed to the Govern- 
ment of New Grenada, no intimation is given of 
such a claim south of the river Sin Juan. I read 
the last mentioned note while addressing the Sen- 
ate on the California claims; and the omission is 
the more extraordinary, as the British Govern- 
ment can hardly be unadvised that New Grenada 
claims, jointly with the Central American States, 
the coast of the Caribbean Sea, not only to the 
river San Juan, but as far north as Cape Gracias a 
Dios. The object of the omission, if it had an ob- 
ject, must be left to conjecture. It may have heen 
accidental, or it may be that Great Britain did not 
think it advisable to alarm, at that juncture, the 
most stable of the governments having an interest 
in the question, by putting forth a claim so well 
calculated to excite uneasiness. 

With these evidences of a fixed purpose of ex- 
tension and aggrandizement of Great Britain in this 
hemisphere; with our vivid recollection of the te- 
nacity with which she asserted her claim to terri- 
tory on our northeastern boundary and in Oregon 
— territory remote from her, chiefly valuable be- 
cause it encroached on us, and curtailed the limits 
for our expansion; with the still more fresh and 
vivid recollection of the transactions in California, 
with a view to obtain a large and valuable portipn 
of that territory for British subjects;* with these 
evidences of a purpose, open and palpable, to ex- 
tend her own dominion upon this continent, if not 
to prevent the extension of ours; I am really sur- 
prised that any one can doubt that she would avail 
herself of the first opportunity of gaining an as- 
cendency in Yucatan. It borders upon her own 
settlement at Balize, and is separated from it, ac- 
cording to her own representation, by a boundary 
" ill defined." Sir, 1 must say that 1 know no par- 
allel to this incredulity, excepting in the state of 
things in Athens, which produced the third phil- 
ippic of Demosthenes — in the blindness which 
would not see an enemy in Philip, when Phocis, 
and Pherte, and Elis, and Olynthus, and the two- 
and-thirly cities of Thrace had fallen into his 
hands. 1 do not make the comparison because I 
fancy any other resemblance between the histori- 
cal features of that epoch and this. In other re- 
spects, the parallel fails. I do not wish any mem- 
ber of this honorable body to see an enemy in 
Great Britain. I do not so consider her myself. 
I consider her as a friend; I desire that she may 
continue so — at most a rival, in commerce, in the 
generous competition of industry, and in the ex- 
tension of civilization and freedom. I do not envy 



* Note.— In c'onnection with this subject, I deem it due 
to fairness to state, thai Lord I'almerston has instructed Her 
Britannic Majesty's representative at Washington "to con- 
tradict, on all occasions the unfounded assertion that Her 
Majesty's Government has been taking any steps wliatever 
1.0 acquire any footing in California ;" and that this instruc- 
tion came to my knowledge after this speech was delivered. 



her, or its legitimate possessors, the dominion over 
the torrid plains of Central America — that crust of 
earth parched by a raging sun above, and heated 
by volcanic fires beneath. Much less do I regard 
her extension in our neighborhood, with appre- 
hensions for our safety. We have long since 
grown beyond the dimensions in which there was 
any danger to be apprehended from the extension 
of other nations upon this continent, no matter how 
closely they may be brought into contact with us. 
But I make these statements in order that we may 
see what is actually in progress — not because it 
brings with it any serious cause of apprehension 
on our own account, but that we may not coldly 
turn away our faces when weak and defenceless 
neighbors arc invaded and despoiled. For myself, 
sir, I cannot help seeing in Great Britain a spirit 
of aggrandizement which is perpetual in its pro- 
gress, not on this continent alone, but in every 
other portion of the globe where there is territory 
unoccupied, and too often where there is territory 
occupied by those who are too weak to defend it. 
I believe, also, whether this conflict in Yucatan 
shall terminate in the expulsion of the Spanish 
race, or the discomfiture of the aboriginal, that her 
boundary will be likely to be extended further into 
the interior. That " ill-defined" boundary may be- 
come defined , and with greatly enlarged dimensions. 

Mr. President, I have nothing more to say upon 
this point, excepting that I do not support the bill, 
because I think the occupation of Yucatan by us 
is necessary to keep it out of the hands of Euro- 
pean Powers. I am not sure that I could, except 
under very extraordinary circumstances, be in- 
duced to advocate the military occupation of a 
country for such a purpose. But if we see move- 
ments of foreign Powers on this continent, and 
especially in our near neighborhood, which are 
suspicious, we havea right to call on them, through 
the ordinary channels of diplomatic intercourse, to 
know what are their objects; and if we do not re- 
ceive frank and satisfactory answers — if we have 
reason to believe that those objects are in violation 
of the great principles of international right, or 
dangerous to our tranquillity, or even our inter- 
ests, we may properly take such measures of pre- 
caution or prevention, as the exigency of the case 
shall require. 1 do not undertake — indeed it might 
not be very easy — to assign the precise measure of 
provocation which would justify resistance on our 
part, or the extent to which resistance might be 
rightfully carried. Every emergency must be left 
to be determined by a wise and considerate regard 
to its attending circumstances. But of the existence 
of such a right of resistance on grounds of interna- 
tional law, I do not entertain the slightest doubt. 

And here, Mr. President, I must ask the indul- 
gence of the Senate, while 1 look hastily into the 
nature and origin of the right. Every sovereign 
State is to be considered under two aspects: the 
first concerns its interior relations, the relations 
which exist between the' governing and the gov- 
erned, or, in other words, between the govern- 
ment and the people; the second concerns its ex- 
terior relations, or its relations with foreign States. 

The first class only is ordinarily the subject of 
internal or municipal regulation. The Constitu- 
tion of the United States, for instance, regulates 
the relations of the Federal Government to the 
States and to the people. It scarcely touches the 
exterior relations of the country, excepting so far 



as it declares in what departments the powers of 
making war, peace, and treaties, and appointing 
ambassadors, shall vest. Now, it is quite apparent 
that there is a numerous class of exterior relations 
wholly untouched by the Constitution, not always 
regulated by treaty stipulations. They arise out 
of the natural rights and obligations of sovereign 
States, and are regulated by usage, by the general 
international law which has grown up and become 
sanctioned by the acquiescence of all civilized com- 
munities. One of our vessels, public or private, 
cannot go ten miles from the land without becom- 
ing subject to an international code, not founded 
upon the internal laws of States, whether organic 
or administrative,notregulatedordinarily by treaty 
stipulations between them, but as old, nevertheless, 
as the Consolalo del Mare, and deriving its force 
from public consent. 

These rights and duties are correlative. What 
one nation is bound to do, any other may call on 
it to perform. W^e cannot live in the general 
society of nations without observing these rules 
ourselves; nor can we consent that they shall be 
violated by others, where our safety or interest is 
concerned. There are obligations of this sort ap- 
plicable to the land as well as the sea. One of 
these is, that no nation shall interferewitll the in- 
ternal concerns of another. As a member of the 
great family of nations, we have a right to insist 
that this rule shall be bb.served. In all cases, 
where the rule or the principle is settled beyond 
dispute, any member of the general society of na- 
tions is as fully warranted in calling upon any 
other member to respect it as any member of this 
Confederacy is authorized to call upon another to 
observe the obligations of the fundamental com- 
pact. The only question that can arise is one of 
practical prudence: how far we shall deem it ex- 
pedient to interpose to prevent a breach of inter- 
national obligations. I have always contended 
that, even for this purpose, we ought not lo inter- 
fere with the movements of European Powers, 
when those movements relate to questions strictly 
European. And I have insisted, with the same 
earnestness, that there should be no interference 
on their part with the internal conc-erns of the in- 
dependent States in this hemisphere, and especially 
in our neighborhood, involved as our interests, po- 
litical and commercial, are in their tranquillity and 
exemption from domestic agitations. 

If 1 am asked for the origin of the right on our 
pan to interpose, for the purpose of preventing a 
breach of international obligations, I refer again to 
the general code by which all civilized States are 
governed. As to the mode, I have nothing to say. 
I repeat, every emergencj;- must be determined by 
the surrounding circumstances in which it is pre- 
sented. Whether we shall interpose at all, is a 
question of prudence — a question undoubtedly to 
l;e disposed of with the greatest deliberation , when it 
is proposed to make it the basis of practical conduct. 
But I do not put our intervention in this case 
upon the ground either of resis;i:ig unauthorized 
interference on the part of other nations, or of an- 
ticipating and preventing it. I place it upun the 
peculiar circumstances in which we stand in rela- 
tion to Yucatan — circumstances which seem to me 
to impose on us an obligation independently of all 
considerations even of humanity. We have taken 
possession of the principal outlet of trade in her 
chief staple productions, and the principal inlet 



8 



for the forein:n commodities which she received in 
exchange. We imve appropriated her revenue to 
ourselves. We even went so far as to impose 
duties on her own products, carried from one of her 
ports to anotlier, though, as soon as this was ascer- 
tained to be the case, directions were very properly 
given by the President that they should be discon- 
tinued. We have thus not only taken her own 
revenues, but we have imposed on her people hew 
burdens by taxing the transit of articles which were 
previously exeinjK from duty. I do not intend 
to intimate that we have done anything not deemed 
essential to the successful conduct of the war. Jn 
regar-l to the revenue which we have collected at 
Lagima, I have endeavored to ascertain the amount; 
b".t I learn tluit the accounts are kept in connection 
wkU other receipts and disbursements, so that time 
is required to separate them. The Navy Depart- 
ment, however, has been able to ascertain that the 
amount collected has been between fifty and sixty 
thousand dollars for a portion of the last year — 
the returns for the year not being complete. But 
this does not show the amount that we have divert- 
ed from the treasury of Yucatan. We all know that 
war is the great enemy of commerce; and it must 
readily '■'C seen that 'he effect of our hostile opera- 
lions in Mexico has ueen to diminish the ability of 
Yucatan to meet the exigency in which she is 
placed. It seems to me, that if she had no other 
claim than this — in addition to the consideration 
that she has been neutrnl throughout the contest — 



she might vcy pro;i. i 
we cannot act ''ror i 
feel constrained to fi 
be determined if'cj, 
rigid maxims of polii 
find, nevertheips- 



call upon us for aid. If 

•es of humanity — if we 

'his question as one to 

.0 the coldest and most 

il prudence, may we not 

the circumstances I have 



stated, an appe-il to our justice which we cannot 
readily set aside? I think so, and it is upon this 
ground chiefly that I plv." mv.support of this bill. 
In performing this act of justice, it is a grateful 
reflection that we may eh\) perform an act of hu- 
manity; that v/o are enabled to turn, fot the mo- 
ment, from the painful duty of assaulting towns 
and overrunning provinces — a duty imposed on us 
by the prosecution of hostilities with Mexico — to 
the more congenial O-Hce of extinguishing the 
flames of in ternal discort' , and of reconciling elasses 
which are waging agaii.si each other an extermi- 
nating war. Sir, I ca.inot fancy a more striking 
contrast in the social and political condition of two 
nations than that which exists between the United 
States and Yucatan — in the prosperity and tran- 
quillity of the one, and in the disorder and desola- 
tion of the other. The law presides here in her 
majesty, spreading her broad shield over all. In- 
dustry and the arts, helpless infancy, decrepit age, 
life, liberty, property, all that men possess, and 
cherish, and hold dear, arc protected by the power 
of a moral opinion, which lies at the foundation of 
the established order of government and society, 
•and upholds both. If we turn to our Central 
American neighbor, the whole picture is reversed: 
law, order, tranquillity, the friendly association of 
classes and casteg — all have perished; the moral 
and physical ties which render life desirable and 
human possessions secure have been forcibly rent 
asunder; towns and villages have been given to 
the flames, and their wretched inhabitants to the 
sword; plaaiations have been ravaged; farm-houses 
sacked, demolished, burnt; property plundered 



where it could be carried away, and destroyed 
where it could not; men, women, and children, 
driven from their homes, (if, indeed, they are so 
fortunate as to escape the fury of their remorseicsa 
pursuers,) rush to the eea, in the hope of finding 
some passing vessel which may take them from 
the blackened and desolated land. Sir, thi3 is a 
mere outline of the picture of devastation which 
Yucatan presents. I would not, if I could, under- 
' take to fill it up with its loathsome and revolting 
' details. I do not draw this sketch; imperfect as it 
is, for the purpose of making an appeal to the 
sympathy of the Senate. I only present it for the 
purpose of adding a final remark. 

Mr. CLAYTON. Will the honorable Senator 
allow me, before he concludes, to ask him a ques- 
tion ? Is the Senator satisfied in his own mind that 
there is, at this moment, a war raging between the 
Indians and the whites in Yucatan.' 

Mr. DIX. I am perfectly satisfied of the fact. 
All the testimony that I have seen tells me that such 
is the case. I think there can be no doubt of it. 

Mr. President, as I said, 1 desire only to m«ke 
a single remark more. If honorable Senators shall 
think with me that it is our right and our duty to 
interpose; if they shall consent to act in the mode 
proposed by the bill, or in some other mode, which 
may seem to them more free from objection; if the 
effect of our interposition shall be to put an end to 
this unnatural warfare, to restore peace to Yucatan, 
to give back her desolated fields and plains to in- 
dustry and order, and the empire of law; it will 
constitute, in the sight of civilization and human- 
ity, a far more ennobling triumph than a dozen vic- 
tories won for the extension of empire at the point 
of the bayonet and the cannon's mouth. 

Mr. HANNEGAN. It is due to the honorable 
Senator from New York that I should state that 
since he commenced his speech, in addition to the 
information contained in the Baltimore Sun of this 
morning, I have received further intelligence upon 
which 1 rely with a confident assurance in my own 
mind of its correctness, that a treaty has been made 
between the contending parties in Yucatan. The 
heads of this treaty are given in the ^un. For my 
own part, I think the treaty a proper, liberal, and 
just one to both of the parties concerned. The in- 
formation which I have received, to be sure, comes 
from a private source, but one on which I can 
rely; and I think, therefore, that a treaty has posi- 
tively been concluded. In such circumstances, I 
feel it due to the Senator, due to the country, and 
due to myself, that 1 should not press the question 
at this time. I will move, then, that the bill be 
passed over informally, until we can receive official 
information concerning the matter. This treaty 
is made between one of the principal leaders of the 
savages and the white population. The war of 
extermination has therefore ceased, at least for the 
present; the interests of the United States are secure 
from injury in that quarter, while a state of war 
with Mexico continues, inasmuch as the landing of 
any troops by a foreign Power, without ouifcon- 
sent, would be an act of direct aggression, accord- 
ing to all the recognized laws of nations. 

Mr. DIX. 1 regret very much that 1 did not 
receive this information this morning. Senators 
know that I always intrude myself on their atten- 
tion with reluctance; and certainly I should not 
have done so now if I had been aware that the 
measure was not to be pressed. 



